Jumaat, 21 Januari 2011

EVIDENCE IN ISLAMIC LAW

EVIDENCE


Evidence in a trial is necessary. Without evidence, the sentence will not be conducted fairly. According to Islamic law of evidence, the evidence is known as bayyinah.



According to Lughah = bayyinah means as Clear, bright

According to Istilah = Terms for each of a name that describes a rights and interests.


Therefore, anyone who gives special meaning to bayyinah as mediator testimony did not meet the true sense.


Bayyinah understanding of Ibn Qayim is widely covered anything to clarify, explain or prove a position or condition of aright or interests are taken into account by the judge or court

According to Ibn Qayim that the testimony is one kinds of evidence (bayyinah). However, sometimes the stronger the evidence of other types of evidence for the existence of an atmosphere that shows the alleged claim is more powerful than the testimony of a man.


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